Federalism and the U.S. Constitution By Mr. Miguel Academy of Our Lady of Guam

What’s at Stake?

Three Branches of Government  All governments must be able to  1) Make laws – Legislative  2) Administer/execute the laws - Executive  Adjudicate/interpret the laws –Judicial

The Legislative Branch The Case for Representation  Lawmaking power  U.S. Congress = bicameral  Federalist #10  “helps to refine and enlarge the public views by passing them through the medium of a chosen body of citizens” - Madison What does it say in the Constitution?  Article 1: Most important part of government?  Necessary and Proper Clause  Power of the Purse  Collect taxes  Regulate commerce  Coin and regulate money  Establish post office and roads  Declare war

The Legislative Branch (cont.) House of Representatives  Intended to truly represent all the people  25 years old; citizen for 7 years  2 year terms  Accessible + easily influenced by citizens Senate  Older, wiser, more stable  35 years old; citizen for 9 years  6 year terms  More aristocratic body  “A refinement of the general public”

Alternatives? Unicameral Legislature  One body  Sweden, Spain, Israel, Denmark  Proponents argue that lawmaking would be faster and more efficient  On national level – encourages citizens to have a false sense of identity Advantages  Providing representation of different people  Represent the different levels of federal gov. state and national  The more divided government was, the safer it would be

Executive Branch Fears of the Founders  Founders = divided  Alexander Hamilton – lifetime appointment  Edmund Randolph – proposed 3 executives  Who should choose?  Neither congress nor the people  Electoral college What does the constitution say?  Section 1: 4 year term, natural born citizen, 35 years old, 14 years resident  Section 2: Enumerated powers  Section 3: State of the Union  Section 4: impeachment

Possible alternatives? Parliamentary system  Executive = chosen by legislature  The two branches are merged  Like having the Speaker of the House as President  Executive = dependent on legislature  Leadership much more concentrated

Judicial Branch The “Least Dangerous” Branch  Federalist 78 – least threatening branch of power  Judges appointed for life  Judicial Review What does the constitution say?  The judicial power is to “be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish

Possible Alternatives: Legislative Supremacy  Underlies British politics  No written constitution – acts of parliament = final Judicial Supremacy  German Constitutional Court

Separation of Powers and Checks and Balances

Republican Remedies  Federalist 51: “If men were angles, no government would be necessary. IF angels were to govern men, neither external nor internal control on government would be necessary”  Federalist #47: Using human nature, as flawed as it might be, to limit the abuse of power

What does the constitution say? Article 1  Bicameral legislature  Presidential Veto  Impeachment Article 2  Creates Supreme Court  Judicial Review Article 3  Recommends laws  Power of appointment  Only congress can declare war

Possible alternative: Fusion of Power Parliamentary System

Federalism

What does the Constitution Say?  NO part of the Constitution deals with Federalism  Power of National government = power of Congress  Enumerated Powers of Congress (Article 1, Section 8)  Necessary and Proper Clause (elastic clause)  Supremacy Clause  Powers given to the States  Tenth Amendment  Limitations  Article 1, Section 10  14 th Amendment

Views of Federalism Dual Federalism  Like a layer of cake: two self-contained layers separate from the other and acting independently Cooperative Federalism  Like the chocolate and vanilla batter in a marble cake: interdependent  Partnership, but the dominant partner being the national government

Possible Alternatives to Federalism: Unitary System Unitary SystemConfederal System

Benefits of Federalism  Provides increased access to government  Allows flexibility at the local level  Creates Competition among the states  Permits regional differences  Permits flexibility, innovation, and experimentation  Provides many avenues for change  Enables greater participation

Cost of Federalism  Competition among states  Gaps between states  Allows for differences: Florida ballot  States can defy national mandates

Current Political Perspectives Conservatives  Generally favor stronger states  Opposed to big national government  Different states have different problems – let them solve it their own way Liberals  Stronger national government  States rights = often code for civil rights  States cant be trusted to guarantee liberties  National government should decrease gaps between states  Greater equality

The Changing Balance: American Federalism Over Time  2 trends:  America = growing in size; more demands  Gradual strengthening of national gov. at expense of states  John Marshall: Strengthening the Constitutional Powers of National Government  The Civil War: National Domination of the States  The New Deal: National Power over Business  Civil Rights: National Protection against state abuse

The Politics of Contemporary Federalism Devolution  Devolution Congressional Strategies for Influencing State Policy  Option 1: No National government  Option 2: Categorical Grants  Option 3: Block Grants  Option 4: Unfunded Mandates

Devolution in the Bush Years Controversial Cases  No Child Left Behind  Terri Schiavo  Oregon assisted suicide

Amendability  Formal and Informal